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Livestock Structure Builders May Not Be Exempt from FLSA

October 18, 2022


An employee who worked under the H-2A visa program for agricultural workers arguably did not fit within the Fair Labor Standards Act (FLSA) exemption for agricultural employees, according to a 7th U.S. Circuit Court of Appeals decision.

Signet Builders Inc. is a nationwide construction company that builds commercial, industrial and agricultural structures. In 2019, Signet hired the plaintiff, a Mexican citizen, to build livestock confinement facilities. The plaintiff worked in the United States under the H-2A visa program administered by the U.S. Department of Labor (DOL).

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